Which of the following statements best reflects the scope, powers, and limitations of the Environment (Protection) Act, 1986, in India's environmental governance framework?
Show answer & explanation
Correct answer: D
Explanation
Solution: The correct answer is The Act enables the Central Government to delegate powers to any authority, including creation of Environment Tribunals, and provides the legal basis for notifications such as EIA and Coastal Regulation Zones.
Explanation:
☛ The Environment (Protection) Act, 1986 (EPA) serves as an umbrella legislation designed to provide a framework for the coordination of central and state authorities established under earlier laws.
☛ Under Section 3 and Section 5 of the Act, the Central Government has vast powers to take all necessary measures to protect the environment, including issuing binding directions, closing industrial units, and regulating industrial locations.
☛ This Act provides the primary legal foundation for major environmental regulations in India, including the Environmental Impact Assessment (EIA) and Coastal Regulation Zone (CRZ) notifications.
☛ Under Section 23, the Central Government has the authority to delegate its powers and functions to any officer, state government, or other authority as deemed necessary.
Extra Exam-Relevant Facts:
☛ Constitutional Basis: The Act was enacted under Article 253 of the Constitution of India to implement decisions made at the United Nations Conference on the Human Environment (Stockholm, 1972).
☛ Trigger Event: The legislation was enacted in the immediate aftermath of the tragic Bhopal Gas Tragedy (1984).
☛ Penal Provisions: Section 15 of the EPA contains explicit penal provisions for violations, which previously included imprisonment up to five years, fine, or both.
☛ Eco-Sensitive Zones (ESZ): ESZs around National Parks and Sanctuaries are notified by the Central Government under the powers conferred by the EPA, 1986.
Important One-Liners for Upcoming Exams:
☛ Under which Article of the Indian Constitution was the Environment (Protection) Act, 1986 enacted? → Article 253
☛ Which historical conference inspired the enactment of the Environment (Protection) Act in India? → 1972 Stockholm Conference
☛ In which year was the first Coastal Regulation Zone (CRZ) notification issued under the EPA? → 1991
☛ Under which section of the EPA, 1986 does the Central Government have the power to issue directions including closure of industries? → Section 5
☛ Which body was established in 2010 for the effective and expeditious disposal of environmental protection cases? → National Green Tribunal (NGT)